YMCA Night Law School - Triangle Yearbook (Cincinnati, OH)

Page 80 text:

-.195 e er me 5 I tt i I 1- tional government has received comment by a late noted American jurist which should be of importance to the student of law, spoken as follows: -American scholars look out on the world from a height-that on which their education has placed them. They observe that the tendencies of modern political thought in most countries are towards greater and greater centralization of power in the hands of one man or a few men, subject to checks by the people, either by direct vote or through their representatives. The educated man is especially liable to be affected by the current of worldfpolitics. He naturally wishes his own country to be in line with the advance elsewhere of political thought. I' do not think he al' ways appreciates how the difference in history and conditions between the United States and Europe renders impossible here, under our constitutional system, much that is possible there. This point of view is of immense importance, since it shows that the student should consider the varied distinctions and contrasting elements of the several govern-ments of the world. Courts and laws of all nations are interestmg in their different functionings and their various means of meting justice. The famous judicial combination of this age is one known as the Permanent Court of International justice. With no intentions of stirring up political debate upon something that our own country has not seen fit to enter into, but merely to show how farfreaching is the extent of the hand of law and justice, a somewhat brief discussion will follow upon the court that has heretofore been mentioned. The policy that the United States has taken in the matter of the Pernian-ent Court of International justice has been not to negotiate but to legislate, but it seems that treaties cannot b-e legislated and because of the refusal of the Powers involved, to accept certain reservations, we have not entered. The Court of International Justice is empowered to decide unsettled portions or unsatisfactorily interpreted provisions of various peace treaties and under the mandates. The court sits at hearings of disputes arising over the international regime of maritime ports and of railways and various other vital states of controversy. One can easily see the vast importance connected with the functions of this court and how reasonable law must be applied to serve as a means of prof tection to many nations. Q This continual growth of rules upon which man has founded his judicial stage has evolved from the earliest period when man reasoned only within his primitive bounds. When the safety of his fellow men was to be ascertained, he planned the rules that were to weigh their acts. Through the long hall of legal fame are the busts of Hammurabi, Justinian, Williani the Conqueror, Edward the Confessor and well can we add some of the early judges who sat on the benches of England. These men have established precedents of worth that may be found upon the pages of modern legal records. The whole body of rules of law are summed up by deduction to mean the provisions for the control or regulation of society, brought about by the existence of reason to conform with the social requisites of the time. 'Q TEX Wa, 54525: f '- Q , fe . I fi JL? tm X ,Ez 'fy-ig-'ffiggigl ..ij,.,'e'. k . ,,l., V ,,,.f'l l ' , ' I fly-112-17.111 o Ki GXQ7-f Qidiix Ellilz ., i45 a -621, Jifnfs X JF -9 'sifffo 'ff 9 W

Page 79 text:

- . 6, 5 . ,-X Q28 . -V i Q- D . Q Q an X-.. e As the title of this discourse involves the implication of another phase known as logic, it is deserving of consideration in introduction. Logic is the source in creating the principle upon which to base the foundation of legal jurisprudence. To dig at the firmness of the foundation dislodges the law and all that is built thereon tumbles in a ruinous heap of destruction. A mere shoot or sprout arising at the roof of a plant, sucks away the life of the plant, and at the same time destroys itself. So the law sprouts from the fertility of logic and grows into beauty and justice, then the sucker of corruption catches hold and until it is plucked, it takes away the full strength of proper administration. This consideration leads us to separate discussion of the subjects involved and their combined applications so that one may vizualize the importance and dependence of the two factors, law and logic. I Law is benejicience acting by rule.-Burke. The most important basis of modern civilization is law. Authorities tell us that law is a science of reasoning involving rules of conduct which are formally recognized by a supreme authority. Law termed in this sense includes these well known forms, as an edict, decree, rescript, order, ordinance, statute, etc. We have traced thus far some of the path of our basiclearning guided, perhaps, by a somewhat different arf rangement and in a more crude form. To the average layman, law is usually accepted without definition and without thought as to its importance upon present living conditions. In noting the social and scientific development of other countries one can easily recognize a state of lack co-mf pared to our own domestic progress. Without hesitation it may be said that the great American freedom is afforded by the Constitution which stands as the strong foundaf tion of our supremacy. Datmg back to 1787 when the wise men of this young nation saw the need of a stronger government, a constitutional convention was called in Independence Hall, Philadelphia. Men who were instrumental in gaining our freedom met there, among whom were Franklin, Hamilton, Madison and Washington, the latter being the most trusted man in all America. Washington made a noble speech in which he said, If, to please the people, we offer what we ourselves disapprove, how can we afterward defend our work? Let us raise a standard to which the wise and honest can repair, the event is in the hand of God. Through the trials and difficulties that were weathered, the great instrument of freedom was drawn up. Today, with a number of amendments, this document stands foremost in reverence and respect of all true and loyal lawyers and judges serving in the name of justice. The laws of this people have been guided thereby and the highest judiciary in the land is the supreme court of interpretation. This constituf X7 '- es- ' fi fl, XF l k as T QT Pi 2 li 0 X712 ' 1 f x I-. - . a . t ff XJ QYI1

Page 81 text:

G 1 F x f ' k,2 Q 1:72 X! f.b' 3 1 II Logica est afrs ratiocinandi, ut discematur verum et falso. Logic is the art of reasoning, to the end that truth may be discerned from falsity -Aristotle Two thousand five hundred and fifty years before Christ, an Egyptian book was written called, k'The Precepts of PtahfHotep.', This is probably the oldest book in the world. The book shows by its lines that the wisdom of man had developed considerably. We think of Solomon as being the wise man of ancient times, but the space of years between him and PtahfHotep is greater than that between Solomon and ourselves. This wonderful specimen written in such a period of antiquity reveals a clear sense of reasoning ability. In The Cutline of Literature edited by John Drinkwater, the following extract is taken from Mr. Cunn's translation: If thou be an emissary sent from one noble to another, be exact after the manner of him that sent thee, give his message even as he hath said it. Beware of making enmity by thy words, setting one noble against the other by perverting truth. Cverstep it not, neither repeat that which any man, be he prince or peasant, saith in opening the heart, it is abhorrent to the soul. By this we see that logic was put into use at an exceedingly early period. We can trace the wisdom and reasoning of men like the great Chinese philosopher, Confucius. The Greeks, the Romans and the Hebrews all added their bit to the promotion of truthful discernment. The iirst five 'books of the Bible which are inscribed The Lawn are specific evidence of a growing practice of discrimination. While these Jewish writings are filled with history and religious convictions the development of th-e propensities of thought are apparent. Men, by the application of reason have unearthed rules for the guidance of their behavior. The great problem encountered by society is the discrimination between right and wrong. There are certain principles upon which man may follow if he is to judge freely the issues that confront him and his associates. Law is presumably correct and logic is the solution of the elements that go to make it into a concrete factor. Thus we arrive at the principle that obedience to law is liberty. If to draw a fine hair line distinction our consideration will fall upon no truer words than those of an unknown author quoted as follows: It is because men are prone to be partial towards those they love, unjust towards those they hate, servile towards those above them, arrogant towards those below them, and either harsh or overfindulgent to those in poverty or distress, that it is diiiicult to find anyone capable of exercising a sound judgment with respect to the qualities of others. fig? WI j T fi: as ,img K K Tix if Bl?-. T 5' - ABT' X X K7 it V gr My agkpfss g se ft-Q 73